
C{ass_f 5\5 



Book. 



Ss^^ 



REMARKS 

OF 

CHARLES F. SIBBAIiD, 

ON HIS 

CLAIM FOR INDEMNITY 

ON THE GOVERNMENT OF THE UNITED 
STATES. 






^ 



REMARKS 

OF ^ ^ 

CHARL.es F. SIBBAL.D, 

In relation to his Claim for Indemnity on the Government 
of the United States, 

And on which evidence has been taken by the Honourable the Secretary of the 
Treasury, under a Resolution of Congress. 



The undersigned, Claimant, a merchant of the city of Phila- 
delphia, being the owner of several extensive bodies of very 
valuable Land in East Florida, which he had acquired during 
a residence there, whilst that Territory was attached to the 
Crown of Spain; — in order to make the same productive, erect- 
ed on his premises between the years 1S2S and 1830, three 
Steam Saw Mills, one of which worked forty-eight saws; he had 
also previously erected, to wit, in the year 1819, whilst that 
territory was yet under the Government of Spain, a Water Saw 
Mill. These Mills formed one of the largest concerns in the 
world for the manufacture of Lumber, and the cost of which, 
with interest, now exceeds one hundred and twenty thousand, 
and including the Water Mill, one hundred and fifty thousand 
dollars. 

Ship building, under the superintendance of an eminent ship 
builder, selected in Philadelphia, was commenced on his said 
premises, to avail of the combined advantages of these Mills to 
furnish Lumber, and transportation of the materials required 
from hence; with the still greater inducement of having on the 
spot, the most valuable timber of every description for the pur- 
pose. 

The Claimant contracted with Government and individuals, 
to furnish Live Oak and other timber, to be cut from his own 
forests, — was under heavy bonds for their faithful execution, 
and which contracts exceeded in amount three hundred thou- 
sand dollars. Several vessels were purchased, and many others 
chartered, to carry the objects undertaken into effect. 

An extensive store business was established at the Mills, 
uniting to the sale of every description of merchandize, the pur- 
chase of cotton and other produce. 




To avail of the advantages of the 15th article of the Florida 
Treaty, a business was commenced with Cuba, by shipping flour 
under the Spanish flag, sent out from this city, in the " lumber 
vessels." 

The celebrated patent planing machines of the invention of 
Mr. Woodworth, of which this Claimant in now the owner for 
East Florida, he arranged also to have attached to his Mills at 
that period. 

In these well-tested and extensive undertakings, this Claim- 
ant was hindered, resisted, and stopped, and whilst in the law- 
ful exercise of his rights, was dispossessed of his property by 
the Ofiicers of the Government of the United States, acting un- 
der the orders of the Executive, and Acts of Congress, under 
the pretence that the Lands in question were "public" property, 
thereby compelling him to abandon his undertakings, causing 
the destruction of his Saw Mills, — and with all this, prostrating 
his commercial credit, — subjecting him to all the attendant evils 
and sufferings produced by such a state of things, — and causing 
him such embarrassment as totally to prevent his engaging in 
business for several years thereafter. 

The suit of the Claimant for the recovery of his lands, which 
decided his right of property, will be found in the tenth volume 
of the Reports of Mr. Peters, at pages 321 and 322, where, on 
the Decree of the Supreme Court of the United States, it is re- 
corded that the Lands in question, consisting of 16,000 acres, 
was the property of this Claimant, adjudged to be " valid by the 
laws of Spain, of the United States, and the stipulations of the 
Treaty between Spain and the United States, for the Cession of 
Florida to the latter;" and on this decision, made on the 6th of 
February, 1836, this Claimant applied to Congress for indem- 
nity for his losses occasioned by the interference with his pro- 
perty. 

It has been conceded by the highest Law Officer of this Gov- 
ernment, that for every illegal act done to an individual, every 
officer of this nation, acting, aiding, or advising, can be held 
personally responsible, and is bound to indemnify the party in- 
jured. 

The Constitution of the United States, which guarantees to 
every citizen that his private rights shall be held sacred and in- 
violable, has debarred the Citizen from instituting legal pro- 
ceedings against the Government. But the Government, in all 
its strength and power, can institute such proceedings against 
the Citizen. The injured individual then is compelled either 
to seek redress for his wrongs from Congress, or resort to legal 
process against the Officer or Officers of the Government, who 
have caused, or been the instruments of his injury, and they are 
compelled to apply to Congress for relief. It certainly could 



not have been designed by the framers of that Constitution, to 
shut out an individual from obtaining such indemnity for his 
wrongs, as a tribunal of justice would compel from individuals. 
Such an idea would be a stigma on the honour of this nation 
that should not be entertained, and that never could have been 
contemplated by the framers of the Constitution of this Govern- 
ment, — who certainly designed, or had in view, that Congress 
should be the tinbunal to award to the just claimant the en- 
tire measure of his injury, as a Court of Justice; and to the 
same extent. This is all this Claimant asks, and it is what he 

i expects from Congress; and to show that he desires nothing but 
justice, the Report of the Committee of Congress, to which his 
case was referred, has clearly demonstrated, by stating that the 
Petitioner " ivas extremely solicitous to leave the decision of 

. this Claim to one of the Courts of the United States." 

To revert to the origin of this case, the undersigned, a native 
^ American, removed from the cit)^ of Philadelphia, with his pa- 
"- rents, whilst he was yet a minor, to the then province of East 
Florida, about the year 1805, and was a resident there nearly 
fifteen years. For a number of years, he gave his attention in 
that territory to mercantile pursuits, and he received this land 
grant from the Government of Spain, long prior to the cession of 
Florida to the Government of the United States. The grant was 
made on the condition of the erection of the Water Saw Mill be- 
fore mentioned, which condition was performed whilst Florida 
was yet a Spanish colony. But this condition was not carried 
into execution without incredible difficulty, and at the expense 
of vast sums of money paid in making him the owner of this 
property, which was surveyed by the Spanish Surveyor General 
for his use; and in accordance with the provision of the Grant, 
the proper documents for " his security," and in evidence of 
his title, were delivered to him. After twelve years of quiet and 
undisturbed possession, the Officers of the Government of the 
United States adopted the measures which have proved so fatal 
to him, so very destructive, and so important in their conse- 
quences. 

The eighth article of the Florida Treaty, contained a solemn 
and positive stipulation, that these private rights should be held 
sacred and inviolable. 

The first violation of this Treaty on the part of the Govern- 
ment of the United States, was the act of Congress, passed in 
1822, limiting the decision of Commissioners to be appointed 
under that act, to investigate these Land Grants, to quantities not 
exceeding 3500 acres in extent. (See Claimant's remonstrances, 
printed documents.) These acts of Congress were most unjust and 
injurious in their consequences, and were in fact a libel on the 



rights of this Claimant, whose title for 16,000 acres was thereby 
deteriorated, and affected in the public estimation, and prevent- 
ed his making sales of his lands — and these acts of Congress 
formed the groundwork or basis of the destruction, — the losses 
and the sufferings, — for which this Claimant now seeks redress 
of this Government. 

The Supreme Court of the United States has fully defined the 
rights of claimants to Land under the Florida Treaty. In the 
printed documents heretofore submitted by the Claimant, these 
decisions have been exhibited by him at length, at pages 33 to 
36, and he will only now insert the following: 

" That by the laws of nations, the inhabitants, citizens, or 
subjects, of a ceded, or conquered country, territory, or province, 
retain all the rights of property, which have not been taken from 
them by the orders of the conqueror, or the laws of the sov- 
ereign, who acquires it by cession, and remain under their for- 
mer laws until they shall be changed." 

" That a treaty of cession was a grant by one sovereign to 
another, which transferred nothing to which he had no right 
of property, and only such rights as he could convey to the 
Grantee. That by the Treaty with Spain, the United States 
acquired no lands in Florida, to which any person had lawfully 
obtained such a right, b}^ a perfect or inchoate title." 

" That the effect of these clauses of confirmation of Grants 
made, was, that they confirmed them presently on the ratifica- 
tion of the Treaty, to those in possession of the land, which was 
declared to be that legal seisin and possession which follows a 
title, is co-extensive with the right, and continues till it is oust- 
ed by an actual adverse possession, as contra-distinguished from 
residence and occupation." 

" In taking possession of Florida, pursuant to the Treaty, and 
establishing a Government in and over it. Congress have acted 
on the same principles which were adopted by this Court in 
former eases. In the acts of 1821, for carrying the Treaty into 
execution. Congress authorises the vesting the whole power of 
the Government in such person as the President may direct, 
for the maintaining the inhabitants in the free enjoyment 
of their property. ^^ 

The policy of Spain so diametrically opposite to that of the 
Government of the United States, in relation to the public do- 
main, and in which Spain has ever been so liberal throughout 
her colonies and dominions, was to Florida a matter of great 
commercial importance, bringing there the ships of almost every 
commercial nation of the globe, for the valuable timber contain- 



ed in the forests of that territory; which, as will be seen in 
printed documents of Claimant, page 35, " was felled by the in- 
habitants wherever they pleased, loithout restriction^ 

It was the early development of the course contemplated to 
be pursued by the Government of the United States, that caused 
this Claimant to return to his native city of Philadelphia, im- 
mediately after the change of flags in 1823. 

This policy compelled this Claimant, whilst it prevented him 
from selling his lands, to seek new sources of business and em- 
ployment; he therefore resolved to establish himself in mercan- 
tile pursuits in this city; and after becoming sufficiently known, 
and obtaining legal opinions for the satisfaction of others with 
regard to the validity of his Land Claims in Florida; finding 
that he could form credits with some of the most eminent and 
respectable commercial houses in New York, to use (if necessa- 
ry) to put the plans of business which he had formed with re- 
gard to his property in Florida, into execution, he determined 
to proceed, as has already been stated. These credits, however, 
could not be entertained on any other basis than of his being 
the owner of a property, estimated and in fiict of great value. 
This property in reality was his only capital, having invested 
his all in it from his early life. 

The attention of the Claimant in these extensive undertak- 
ings, was immediately directed to a well arranged plan to ob- 
tain means from his lands, without having to resort to borrow 
money. On his land the most valuable timber abounded, the 
well known Live Oak, the Red Cedar, and the Yellow Pine. 

On the tract where the Mills were erected, known as the 
" Panama Steam Saw Mills," the beautiful, extensive river the 
St. Johns, afforded a most desirable situation quite near to the 
sea, permitting vessels of a large class to pass to, and load im- 
mediately along side of his Mills, from which they received the 
Lumber of a most beautiful and superior quality, bright from the 
saws. This Pine would speedily have given this Claimant large 
resources, whilst the situation of the Mills for business, opened 
a theatre of action for extensive mercantile enterprize, which a 
long residence in Florida, and unremitted and assiduous atten- 
tion to business, had educated this Claimant to profit by. To 
show the means which this Claimant would have speedily real- 
ized, he will state that the contracts for Live Oak Timber, en- 
tered into with the Government, and Mr. Grice, in execution 
of the plan which he had formed, exceeded three hundred thou- 
sand dollars, as before mentioned. The timber contained on 
these contracts, at its common cost per cubical foot, was worth 
in his forests about sixty thousand dollars, which price would 
have to be paid for the timber alone in such contracts, by per- 



sons who had not their own forests to resort to. The portion 
of his lands from whence this timber was designed to be cut, 
would have given greater inducement to purchasers of Sugar 
Plantations, to which culture it was so well adapted, when it 
was cleared of the heavier growth of timber. In this way, 
with the exception of the small portion which he had himself 
designed to employ in agriculture, a large capital would soon 
have been realized from his Lands and Timber. In the year 
1S35, when this Claimant was last notified by the Collector of 
the Customs of St. Augustine, (whose letter, see page 32, print- 
ed documents,) that he could not use his property, he had actu- 
ally sent out from this city a number of Germans, with horses, 
ploughs, and other agricultural implements, and every thing 
necessary to commence a plantation for the cultivation of the 
Sugar Cane. This Claimant has not made any statement of a loss 
of this character, but while other persons have made thousands 
and tens of thousands of dollars, by such investments, the ques- 
tion suggests itself, — Have not these measures of the Govern- 
ment in their earlier stages, in interfering with his rights, also 
occasioned him a loss, in what he had evinced a determination 
to participate in? Since it is evident that not only he possessed 
the most valuable land for the purpose, but also the means of 
carrying such a measure into execution. 

Suppose then that this Claimant had invested a hundred 
thousand dollars in a Sugar Plantation on his lands, which he 
>certainly could as readily have done, as to have invested that 
"^um in Steam Mills; this sum would have placed two hundred 
operatives to that pursuit, — and at four hundred dollars to the 
hand, which has been the common product of Florida, it would 
liave left a nett income of eighty thousand dollars per annum. 
Could the party interfering with, and destroying his operations, 
in this way, not be held liable for the annual nett profits of such 
investment? Most assuredly they could, on every moral as well 
as legal principle. 

The official documents obtained from the public departments 
at Washington, and furnished to the Committee of Congress at 
the past Session, will show that in the year 1828, the Navy De- 
partment commissioned Mr. William D. Acken, a special Agent 
of the Government, to proceed to Florida, arming him with 
authority to call on the " military and naval forces of the United 
States," to carry into effect the objects of his commission; (which 
see.) He was further ordered to "follow the instructions of the 
District Attorney of the United States in that Territory." The 
District Attorney was instructed by the General Land Office 
"and Treasury Department, to stop the cutting of valuable tim- 
ber of every description on Spanish Grants filed, but not yet 



confirmed." (See Instructions.) The Collector of the Customs 
of St. Augustine was likewise directed by the Secretary of the 
Treasury to act in accordance with these instructions. 

In pursuance of these orders, in the month of December, 1828, 
this Claimant was first made to feel the operation of these mea- 
sures, by the Government Agent, who stopped Mr. Grice, of 
this city, from cutting the Live Oak timber of the Claimant on 
his "Smyrna" tract of Land; for this timber Mr. Grice was to 
have paid instanter, a clear cash profit of about Sixteen Thou- 
sand Dollars to the Claimant, who had agreed "to hold him 
harmless in cutting''^ the same. This contract of Mr. Grice's, 
exceeded One Hundred Thousand Dollars, the liability under 
"bond, with approved security," for "one third." 

With this interference, commenced his remonstrances to al- 
most every Department of the Government, for such an infa- 
mous violation of the Florida Treaty, and invasion and sacrifice 
of his private rights. (See printed documents.) 

The next step taken by the Government Agent, after the 
Claimant had been permitted to erect his third Saw Mill, and 
had disbursed such an enormous sum, was to come to the Mills, 
and in the presence of a number of witnesses, who have testi- 
fied, forbid his Agent from cutting his Pine timber to supply 
the same; the building of which, of course, had been exclusive- 
ly induced from the confidence of his rights, the reliance on his 
lands to support, and his timber to supply them. This mea- 
sure, in which the Claimant instantly saw the inevitable destruc- 
tion of his business, and which the captains of vessels, who were 
present, on reaching their destination, so soon acquainted some 
of his friends with, to the great injury of his commercial credit, 
was not submitted to, or his rights surrendered, without resist- 
ing it to the utmost, as the correspondence with the Officers and 
several Departments of the Government, together with the evi- 
dence that has been taken on the subject, will exhibit. 

The Mills of the Claimant required from one to two hundred 
logs of Pine timber every day that they were in operation, on 
their extended scale. The contracts of Mr. Grice, and those 
afterwards entered into by the Claimant, with the Navy De- 
partment for the Live Oak timber, for three Ships of the line, 
four Frigates, three Sloops of war, and a Schooner of war, 
amounting to upwards of Three Hundred Thousand Dollars, 
with "approved sureties," on "bonds for one third," his other 
private contracts for beams, ranging timber, spars, girders, and 
his ship building commenced, all on the reliance of his lands 
to supply this timber — and here is the point on which he was 
principally, and so effectually assailed. 

The Government Agent says in his testimony, — "Mr. Grice 
was forbidden by me as Agent of the Government, to cut Live 



8 

Oak timber; and Mr. Sibbald and his Agents were prevented by 
me as Agent of the Navy Department, and advised by tlie Dis- 
trict Attorney, from cutting Live Oak upon said lands." The 
District Attorney has testified that he was instructed and did 
consider these Lands as ^'■public Lands,^^ until confirmed, and 
has given a certified copy of his instructions from the General 
Land Office, under the authority of the Treasury Department; 
and adds, that he has no doubt but that the Claimant was for- 
bidden to cut timber of every description on his lands, until 
they were confirmed. The Collector of the Customs at St. Au- 
gustine, has testified that he was instructed to act in accordance 
with these measures, and that the Government Agent had ac- 
quainted him (the Collector) of his proceedings with regard to 
the Claimant's property, in stopping him from cutting timber of 
every description, which the Agent corroborates by stating that 
he did inform the Collector of all the measures adopted. 

The Agent of the Claimant at the Panama Steam Saw Mills, 
at the time of his being dispossessed, has testified as follows, in 
his evidence taken by the United States District Attorney in 
this city; " Mr. Sibbald was as before stated, dispossessed of his 
Lands and Mills by the Officer and Agent of the United States, 
Mr. William D. Acken; — he was a special Agent of the Gov- 
ernment, sent from Washington, and acted with Mr. Douglass, 
the District Attorney — he stopped Mr. Samuel Grice from cut- 
ting Live Oak Timber on the Lands claimed by Mr. Sibbald — 
and forbid me from having Pine Timber cut to supply the Saw 
Mills; the people I sent on Mr. Sibbald's Lands to cut Mill 
Logs were driven from their work, by Mr. Acken; and he 
threatened me with an injunction, arrest, and imprisonment — 
and to bring a detachment of troops from St. Augustine to put 
me in the fort — as I wrote Mr. Sibbald at that time. (See let- 
ters, printed documents, pages 19 and 20.) He also seized the 
Mill Logs cut for the use of the Mills and threw every possible 
obstacle in my way, until I was compelled to submit." 

Nineteen or twenty witnesses on the part of the United States 
and the Claimant, have been examined by the United States' 
District Attornies, under authority of the Treasury Depart- 
ment; who generally have testified to the same effect, among 
which, however, one of the Agents of the Government, Mr. 
William D. Acken, says, that he did not consider this was dis- 
possessing this Claimant. 

The Attorney General of the United States, Mr. Wirt, in an 
official opinion given at the instance of the Secretary of the 
Treasury, says, " cutting of timber would be an act of owner- 
ship;" this high authority then would show that stopping of the 
cutting of timber is incontrovertible " dispossession^ 



9 

Jiulge Randall has saiil respecting those Claims exceeding 
3500 acres, — " Do the United States not hold possession? It 
must be in the United States, or in the claimants, or it must be 
direlect — the latter supposition would be al)surd. Under the act 
of the 3rd of March, 1S07, specially and expressly applied to 
the territory, it is seen that the claimants are allowed qualified 
occupancy to limited and definite quantities, and for all other 
tracts of a larger or unascertained amount, they are not allowed 
even this quasi possession. The possession of these large grants, 
except to the extent above specified, can only be and remain in 
the United States, until a final decision had, and they have uni- 
formly acted as if in possession. So far as was required by the pub- 
lic interest, compatibly with what was due the claims of others, 
they have treated these large grants of land as public property, 
and possession is proved to be in the United States.'''' 

It needs no explanation to demonstrate the effect on a man 
of business, and on the commercial credit of a merchant, in hav^ 
ing his property claimed by another party — legally or illegally 
locked up from him — and taken out of his control and posses- 
sion. 

The first shock of these measures was calculated to paralyze 
every effort of resisting the terrible force of the coming storm, 
and of prostrating every energy to combat with it, — but the 
Claimant, in his extensive undertakings, well knew the fate that 
awaited him, and the consequences and dreadful destruction 
that must follow, should he fall. 

To supply the loss and disappointment in obtaining the means 
from his lands and property in Florida, constituting his only 
capital, he was compelled on the first of the detention of his 
resources to resort to the credits on houses in New York, at 
immense sacrifices, with accumulating interest compounded, 
and commissions added; so that it did not take long to make 
every dollar obtained in this way double. Nevertheless, he 
had no alternative; these credits had to be obtained under the 
existing circumstances, by drawing bills of exchange on these 
houses, and renewing the paper every four months. This toil 
once commenced, had to be continued, to prevent difficulties 
and inconvenience to the commercial houses with whom these 
arrangements were made. 

The first of these operations was attended with little difficulty, 
his agents at that period wrote, or caused application to be made 
to the Spanish Surveyor General of Florida, George J. F. Clarke, 
Esq. desiring him to describe, and to state the value of the lands 
surveyed under his direction for this Claimant, who replied, 
after giving other particulars, " a part of these lands are not in- 
ferior in point of soil, and certainly superior in climate and situ- 



w 

ation, to the Sugar Lands In Louisiana, that are selling at from 
fifty to one hundred dollars the acre." Mr. Grice wrote from 
the Smyrna tract, on which he had commenced to cut timber, 
"the land on this tract is excellent, and well adapted to Sugar 
Culture; you would lose a handsome property, if you should 
eventually fail in establishing your title. I hope it may be valid. 
The Live Oak on it looks well so far; we yesterday felled about 
fifty trees, generally sound. I hope sincerely, sir, that you 
may be enabled to establish your claim, as this property is cer- 
tainly valuable." The principle growth on this tract of 4000 
acres, is Live Oak, which Mr. Acken appeared to know at l/iat 
lime, as in a letter dated July 30th, 1829, he recommended it 
to the particular notice of the Navy Commissioners. 

The first Steam Saw Mill erected by the Claimant, which a 
few months after its completion, was destroyed by fire, com- 
pletely tested the success of that undertaking, so as to induce 
him to erect his next on a very extensive scale. The fine ap- 
proved quality of the Lumber, the great demand for it, and 
every circumstance at that period induced his extending the 
business. He had made his contract with Mr. Grice for Live 
Oak, and with others, with a confidence of speedily realizing 
the payment of a large sum from that source. His second Steam 
Mill, on being first placed in operation, from the circumstance as 
proved from having the cranks hung so as not to produce an 
equilibrium in their revolution, did not work well, but which 
was afterwards remedied, when it operated in the most satisfac- 
tory manner. (See Evidence.) 

The Claimant getting no adequate resources from his land, 
the measures of the Government being still persisted in, so as 
to prevent his selling them, and claimed as " public Lands," so 
that he could not cut his timber, or mortgage them, to add to 
the security of his friends, — some of them withdrew their cred- 
its. He remonstrated with every Department of the Govern- 
ment almost; as his correspondence in the printed documents, 
will show, — commencing with the first letter of the Delegate 
from Florida to the Secretary of the Treasury, in June, 1S2S, 
and ending with his last communication to the Secretary of the 
Treasury and Navy, in April, 1830. His remonstrances at this 
eventful period, were accompanied by two legal Opinions, the 
one of the Hon. George M. Dallas, and the other, Samuel Chew, 
Esq. which ended substantially to this effect: " Under these 
circumstances, I advise you to apply to the proper officer to get 
an order to the Government Agent in Florida, to revoke the 
measures against your property; and if not successful, that you 
notify him tiiat you hold liim personally responsible for all the 



II 

consequences of these measures;" which this Claimant writes 
from memory, but the documents on the files of the Treasury 
or Navy Department, will better show. This was the moment 
of trial, — his application was unheeded, — and this Claimant had 
to give up to the storm that had so long raged against him — and 
stop payment. 

In reply to the eighth Interrogator}^ on the part of the United 
States, as prepared by the Honourable the Solicitor of the Trea- 
sury, to wit, "Was the said Sibbald's property attached by his 
creditors, or was other legal process served on it in consequence 
of embarrassment brought on him by any act of the Government 
or its Officers?" This Claimant will answer, as the witnesses 
have done substantially, — 

That as soon as the workmen at the Mills heard of the calam- 
ity that had befallen this Claimant in Philadelphia, his domi- 
■cil, in consequence of the measures pursued against him by the 
Government, as is here shown, and that he could not get the 
use of his property after various applications, at that period, to 
the Treasury and Navy Departments of the United States, and 
that he had been compelled to stop payment, that these work- 
men simultaneously laid attachments on the Mills for their 
wages, amounting to about four thousand dollars. To complete 
the destruction, that the Marshall of the United States took 
possession of them — that they have perished in his hands by 
dilapidation and decay — that one of them has fallen to the 
ground — and they have been pillaged of every moveable thing, 
leaving the Claimant the ownership of the ruins, wdiere once 
numerous flags of commerce waived, and where this Claimant 
was stimulating to industry, and giving employment to so many 
people. 

It appears then, from what has been stated, that the Claimant, 
in the year 1816, was the lawful owner of a large property in 
Florida, consisting of 16,000 acres of land, as has been proved 
by the decision of the Supreme Court of the United States, and 
on which he had built Mills, and expended large sums of money, 
before the ITnited States acquired that territory from the Gov- 
ernment of Spain; — that the Government of the United States 
inade a solemn Treaty, agreeing to respect these private rights — 
that Congress passed acts to investigate these Land Claims for 
several years after coming into the possession of the territory, 
which did not recognize those beyond 3500 acres — that the Su- 
preme Court of the United States, to which this subject was re- 
ferred, has by its decree, decided that these acts of Congress 
were illegal — that this Claimant, in the confidence he entertain- 
ed of his rights, built a numl)er of Steam Saw Mills on his land. 



V2 

nher Florida passed into the possession of the United States, 
the officers of wliich did directly interfere in the year 1S28, 
with and dispossess this Claimant of his property — that he was 
held out of possession of the same until the year 1836. And 
that the destruction as regards the Mills, is proved to he as com- 
plete as if the officers of the Government had applied a firehrand 
and hurnt them to the ground. That the correspondence with 
the Treasury Department, the Land Officers, and Collector of 
Customs in Florida, Attorne}^ General of the United States, and 
Navy Department, will show the great exertions made hy this 
Claimant to save this destri'.^.tion, and to avert the sufferings and 
the losses for which he now seeks redress. 

Thus this Claimant, who was possessed of a large property, 
who was in the enjoyment of extensive credit, based on his 
ownership of that property; who had formed most extensive 
business arrangements, too, with a number of commercial houses 
of high respectability, with whom this Claimant, had he been 
undisturbed, could have extended these arrangements without 
limit, — was prostrated, — ruined, — and left with reproach — inca- 
pacitated from undertaking any business for a number of years, — 
left to contend with, and suffer every evil that can be conceived, 
incident to such a state of things. Seeing the Mills on which 
he had disbursed such vast sums to perfect them, — on which his 
mind, his time and his means, had been engaged for so many 
years, — falling to the ground, without the power or possibility 
to save, or obtain a cent from the wreck, nntil the Supreme 
i^ourt of the United States came to his relief, — passed its de- 
cree and mandate, exhibiting that the honor and faith of this na- 
tion is pledged to pay their injured citizen, for every loss oc- 
casioned him by the illegal interference with his property, in 
this invasion of his private riglits. 

If what has been here stated be truths, and in corroboration, 
this Claimant begs reference to the testimony which has been 
taken on the subject, — is there in either House of Congress, a 
Representative of this great nation, which is held up as an ex- 
ample of rectitude to the world, who will not rise there, to aid 
this Claimant to assert his rights to the last cent, and to the 
uttermost farthing, — whatever may be the magnitude of the 
claim,— when it shall be adjudged under the voluminous evi- 
dence of so many respectable witnesses taken under the direc- 
tion of the Honorable the Secretary of the Treasury of the 
United States. 

Whilst the Government of the United States is pressing the 
just claims of its citizens against every other nation, whatever 
be their condition or their circumstances, including "losses of 



13 

profit," " losses of commercial credit," with "interest," certain- 
ly the Congress of this great and wealthy nation ouglit not, and 
will not, permit a native citizen, who has heen so long a suffer- 
er, and to such an extent, — one who has been ruined by his own 
Government, — to complain even of a delay of justice. No such 
disposition has as yet been manifested. 

When it is considered that upwards of twenty years have 
elapsed since this Claimant's ownership commenced, and du- 
ring which he has been, without cessation, giving his attention 
to this property, — when it is considered that for seventeen years 
this Government has, directly and indirectly, interfered with 
his ownership of his property, — when the burthen thrown on 
him, the cares that are pressing him, and the incumbrances that 
are distressing him, are contemplated by every reflecting mind, 
and the difficulties daily accumulating, there will be a sufficient 
appeal for speedy relief from a just nation. 

With the other papers laid before the Committee of Congress, 
to which this case was referred, were legal opinions obtained 
from the Honourable George M. Dallas (at present our Minister 
at the Court of Russia,) and. Judge Berrien, (the late Attorney 
General of the United States,) to show the extent of the indem- 
nity to which this Claimant is entitled; or that would be award- 
ed to him by a tribunal of justice. The former has supported 
his opinion by exhibiting decisions of Judge Baldwin and Judge 
Washington. These opinions show that for every "actual loss" 
sustained, including all profits of his undertakings, "with in- 
terest," and for the actual loss of "commercial credit," he is 
entitled to indemnity. 

The Claimant understands from legal opinions, the law to 
be, — That where a party in the pursuit of a supposed legal right, 
shall directly or indirectly dispossess another party, whether it 
be of lands, mills, factories, or other property ; or do any act to 
keep him out of the possession, or use of the same, that upon a 
legal decision, establishing the right of the party who has been 
injured, in being kept from the use of his property, — the wrong 
doer is held bound to put him in possession, and to pay every 
"actual loss," or injury, occasioned by holding him out of the 
use, possession and enjoyment of the same. 

The undersigned is endeavouring to re-establish his business, 
which was prostrated, and is erecting an entire new mill, to saw 
and plane lumber, for which a steam engine of about a hundred 
horse power, is now making in this city. He is also executing 
his contracts for live oak timber, and has already in his renewed 



14 

undertakings, given employment to hundreds of his fellow-men, 
sent from this city: and he invokes of Congress speedy justice, 
to enable him to discharge every honourable claim which exists 
against him, as he would desire. 

CHARLES F. SIBBALD. 
Philadelphia, January 29th, 183S. 



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